What are the different types of trespass?
Exploring the different types of trespass with Titan PI TV
In the latest episode of Titan PI TV, Managing Director of Titan Private Investigation, Simon Henson, delves into an issue that sits at the very heart of investigative work and legal boundaries in the United Kingdom: trespass.
Broadcast on the thriving Titan PI TV YouTube channel, the episode unpacks the complexities and distinctions between civil trespass and criminal trespass, highlighting the implications for private investigators, law enforcement, landowners, and indeed the general public.
With Titan’s headquarters in Derby and a national footprint extending across ten offices from Truro in the southwest to Manchester in the northwest, the agency represents one of Britain’s most established private investigation networks. Henson’s authoritative voice carries particular weight as he balances legal clarity with the realities of field operations.
What is Trespass?
Henson begins by cutting through misconceptions that often swirl in both public discourse and professional circles. At its simplest, trespass refers to the act of entering or remaining on land or property without the permission of the owner.
But while the concept may appear straightforward, the type of trespass determines not only the consequences but also the powers available to authorities.
“There are two types of trespass,” Henson explains. “There is a civil trespass and there is a criminal trespass.”
This division underpins the entire conversation.
Civil Trespass: The Common, but Often Overlooked Misstep
Civil trespass is arguably the more familiar scenario. It occurs when someone unauthorised enters another’s land or property. Importantly, it does not constitute a criminal offence. Instead, it falls into the domain of civil litigation.
“The police,” Henson notes, “cannot do anything in cases of simple civil trespass. Their powers are limited. The responsibility rests with the landowner to pursue action through civil proceedings.”
That poses an immediate challenge: civil claims are notoriously slow, expensive, and frequently ineffectual in terms of redress.
As Henson points out, litigation in Britain’s civil court system can drag on for years — often for little return. Titan itself has pursued claims in the past which, despite favourable judgments, became entangled in the procedural inertia. “Two and a half years down the line, judgment has been awarded, but no money recovered,” Henson recounts. “It’s a waste of time. Civil litigation isn’t run like a business. It’s sluggish.”
Police Involvement: The Attitude Test
While civil trespass itself is not a police matter, Henson outlines what many in the investigations industry call the attitude test.
“If you’re caught on private property, the police may well attend. While civil trespass is not within their powers to prosecute, a poor attitude could lead to further complications. Fail the attitude test, and they may find another reason to report or arrest you, whether for vehicle interference or related matters.”
The lesson, according to Henson, is one of professional conduct. A calm, respectful approach can prevent escalation.
Real-life Scenarios in the Investigations Industry
Henson illustrates the dilemmas faced by investigators through pointed real-world examples.
Case Study 1: Vehicle Tracking
A client suspects her estranged husband of cohabiting with a new partner. She requests Titan to fit a tracking device to his vehicle. Having undertaken a Legitimate Interest Assessment (LIA) — a process ensuring any action is proportionate, lawful, and necessary — the agency determines the instruction is valid.
Yet, the car sits on a private driveway. Installing the tracker requires stepping briefly onto that land — technically a civil trespass.
“Preparation minimises risks,” Henson says. Yet unpredictabilities remain: a midnight return by the subject, an unseen security camera, or technology such as Tesla’s Sentinel Mode could expose the investigator.
At its core, this demonstrates the balance of integrity and practicality. Titan, Henson asserts, would explore alternative means rather than compromise reputation by trespassing.
Case Study 2: Business Surveillance
In another scenario, investigators may need to confirm the residence of a subject. The individual’s workplace is known, but their exit point cannot feasibly be observed from public land. The only effective strategy would be to position discreetly inside the company’s private car park.
Again, this is trespass. Yet without it, the investigation may stall. Such challenges reinforce the moral and professional judgement investigators face.
Criminal Trespass: A Higher Threshold
Unlike civil trespass, criminal trespass carries significant consequences. This category was codified under the Police, Crime, Sentencing and Courts Act 2022, introduced partly to address public disorder caused by unauthorised encampments and protest activity.
Under the Act, police may remove unauthorised individuals, property and vehicles from private land. It applies to situations such as:
- Protester encampments, where activists occupy private land to disrupt operations.
- Hunt sabotage, with animal rights groups obstructing hunts while crossing onto private estates.
- Squatting in residential property, where occupants have no legal right of residence.
In these instances, police are empowered to treat trespass not as a civil wrong, but as a criminal offence, enforceable through arrest and removal.
Weighing Ethics, Integrity and Risk
Throughout the episode, Henson underscores the importance of integrity. For Titan Private Investigation, reputation is paramount.
“Yes, technically the consequences of civil trespass are often negligible — perhaps no more than a slap on the wrist and certainly no criminal record. But the impact on integrity and reputation is significant. At Titan, we would not trespass. We would find another way.”
This is particularly relevant in an industry where professional bodies, associations, and institutes uphold high ethical standards. Adherence to these standards maintains public trust as well as client confidence.
Why Does Trespass Matter?
For the wider public, understanding the nuances of trespass is not only enlightening but empowering. Many homeowners are uncertain of their rights when someone steps onto their land. Similarly, those attending protests or engaging in activism may not realise when their presence crosses from lawful demonstration to arrestable offence.
For private investigators, the issue is especially delicate. While the law may technically permit certain actions, the professional choice often comes down to whether a line should be crossed for the sake of a case.
Final Thoughts: A Calculated Decision
The latest Titan PI TV episode crystallises trespass into a straightforward decision:
- Civil trespass: a low-level infringement, rarely pursued in court, but laden with ethical considerations.
- Criminal trespass: a legislative matter with real police powers and consequences for those who overstep.
Henson’s advice is clear. “It’s your decision whether you trespass or not. But if you work for Titan, we don’t trespass. Our reputation for integrity comes first.”
This measured stance reflects Titan’s philosophy: pragmatic, professional, and principled. By pulling back the curtain on the real dilemmas faced in the private investigations industry, Titan PI TV once again provides audiences with rare insight into the balance between law, ethics, and investigative necessity.
Where to Watch
The full episode of Titan PI TV featuring Simon Henson on “What are the Different Types of Trespass?” is available to view on our Titan PI TV YouTube channel. For those who prefer audio, Titan PI TV podcasts are also available across major podcast platforms.
As the channel continues to grow, Titan invites viewers to subscribe, engage, and stay tuned for more in-depth explorations of the world of private investigation.
What’s Next on Titan PI TV?
Titan PI TV continues to grow steadily, with 2,761 subscribers and counting—a testament to the appetite for straight-talking guidance in a complex field. If you found Henson’s insights useful, subscribe to the channel to catch future episodes. New content drops every Friday at 3:00 pm, offering grounded advice for investigators, agency owners, and professionals who work with them.
Thank you for reading, watching, or listening to this week’s blog post on Titan PI TV. For more expert advice and behind-the-scenes insights, subscribe to Titan PI TV on YouTube or download the Titan PI TV podcast wherever you get your podcasts. If you found this information helpful, please give us a thumbs up and subscribe to our channel. Stay tuned for more insights into the world of private investigations. Until next time, stay safe and keep learning!
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